Legal Question in Business Law in California

Does anyone know if the local rule for the San Diego Superior Civil Court stipulates the movant shall serve the opposing party it's motion within 3 days after obtaining a hearing from the calendar clerk for the motion?

Asked on 4/19/13, 10:28 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I find only one local rule dealing with the subject:

"Rule 2.1.19

A. Calendaring Hearing

Any party, or attorney for a party, who desires to have any demurrer, motion, or order to show cause set for hearing must contact the calendar clerk for the judge assigned to the case to reserve a hearing date."

Therefore, I'd say San Diego County is one that doesn't have a special deadline for serving papers following the granting of a hearing date and time by the clerk.

However, the motion still needs to be served and filed within the time prescribed by law, usually per section 1005(b) of the Code of Civil Procedure, which specifies 16 court days beforehand, with increases depending upon service method and distance.

Finally, if you are inexperienced in law and motion practice, note that most California courts are so backlogged that you'll be lucky to get a motion hearing date that isn't at least a month after you make your request.

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Answered on 4/20/13, 10:38 am

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